The tech industry saw the measured ruling as a win. Attorney General Ken Paxton vowed to continue defending the law.The U.S. Supreme Court on Monday declined to rule on a Texas social media ban and sent it back to a lower court.The U.S. Supreme Court sent the legal challenge to a Texas social media law back to a lower court, sidestepping a landmark ruling for now.
“The question in such a case is whether a law’s unconstitutional applications are substantial compared to its constitutional ones,” Kagan wrote. “To make that judgment, a court must determine a law’s full set of applications, evaluate which are constitutional and which are not, and compare the one to the other. Neither court performed that necessary inquiry.
Attorneys for Texas framed the law as an extension of regulations that prohibit discrimination in facilities and services open to the public. They emphasized the significant market power of social media platforms and argued that regulation is necessary to protect the public interest and ensure these platforms do not misuse their influence.
“The importance of social media platforms to free speech online cannot be overstated, as the Supreme Court has said before, that they are the modern public square,” he said. “There is so much at stake when the government tries to regulate free speech online. And that's why these cases are so important."
"The online world is variegated and complex, encompassing an ever-growing number of apps, services, functionalities, and methods for communication and connection," Kagan wrote, adding that the lower court must determine what entities the law covers.
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